In court, under oath, a HALIFAX defence document blatantly contradicts its own key legal demutualisation instrument, the 166-page 'TRANSFER DOCUMENT', subsequent to the latter having been thoroughly examined and approved by the Building Societies Commission, in strict accordance with the 1986 Building Societies Act.

"I would add, for YOUR OWN information, that a person CAN AMEND their registered address with us AT ANY TIME to one in the UK or a permitted territory SO THAT THEY WILL QUALIFY for free shares. However, I should also point out that it is an INDIVIDUAL's OWN RESPONSIBILITY to COMPLY with applicable LAWS and any EXCHANGE CONTROL of their country of residence, including the OBTAINING of any CONSENTS and COMPLIANCE with other necessary FORMALITIES, with regard to receipt of any Halifax shares."

Page 66 Part C 1.11 Persons resident in permitted territories

"A person will only be entitled to receive, or be allocated, free shares if, as at midnight on the day before vesting day, he or she has a registered address in the UK or one of the permitted territories. These are the territories where Halifax has identified a material number of customers and where the distribution of free shares would not result in a breach of local laws or require compliance with regulatory requirements which Halifax considers to be onerous. In the absence of any change in circumstances, the permitted terrttories are set out below:

Permitted territories

Australia     Germany     Italy     South Africa     Belgium     Gibraltar     Jersey     Spain     Cyprus     Greece     Luxembourg     Sweden     Denmark     Guernsey     Malta     Switzerland     Eire     Hong Kong     Norway     United Arab Emirates     Finland     Iceland     Portugal     Singapore     France     Isle of Man

It is the responsibility of any person who has a registered address in a permitted territory and who wishes to receive free shares to comply with the applicable laws and any exchange control requirements of the relevant permitted territory, including the obtaining of any consents and compliance with other necessary formalities.

The right of any member to receive the statutory cash bonus (on account of his or her not being eligible to vote on the investing members' resolution) will not be affected by the fact that he or she does not have a registered address in the UK or a permitted territory.

This document does not constitute an offer of free shares in any jurisdiction. Any person receiving a copy of this document who has an address in any jurisdiction other than the UK or one of the permitted territories is NOT ENTITLED to receive free shares UNDER ANY CIRCUMSTANCES."

UNHAV Comment:

Neither on this PAGE 66 nor anywhere else in the whole 166-page HALIFAX TRANSFER DOCUMENT is a simple remedial address change solution even suggested. In fact, Halifax's last bold paragraph categorically denies all possibility of address changes. And yet here we have Halifax, in court, openly stating that a person CAN AMEND his address so that he WILL QUALIFY for shares.

Although a change of address to e.g. England would obviously preclude any need for checking and complying with any "local" overseas laws, the Halifax court evidence redundantly warns that these are the person's own responsibility !

Contrary to the defence letter information that the address can be amended "at any time", TD P. 66 clearly stated a deadline, namely midnight on the day before Vesting Day, 1st June 1997.

Although only Page 66 was specifically relevant to members resident in NON-permitted territories (not the "permitted" ones as the section is entitled), this page was omitted from the CONTENTS on TD pages 4 & 5, a veritable "jump" in the references from Page 59 to Page 67. Convenient printing error !?

The penultimate paragraph on TD P.66 states that, even for those members who were NOT eligible to vote on the investing members' resolution, Halifax had no problem sending cash to their addresses, ANYWHERE in the world. In contrast, the non-residents, who WERE eligible to vote, and indeed, were very strongly urged to vote in favour in all the demutualisation promotion literature, and did so, got absolutely nothing, neither shares nor cash, whether in the form of a statutory bonus or cash in lieu of shares. There was no offer to hold the shares in trust in UK either.

The UNHAV CAMPAIGN was a subject of   'YOU & YOURS',  a BBC 4 programme broadcast on 7th Nov. 2001

BBC journalist KENT BARKER invited prominent UNHAV players to vent their complaints about Halifax's shoddy treatment of non-resident customers' shares. Halifax refused to be interviewed.

Voices of UNHAVs heard on the broadcast:

1) June Holroyd - phone - Santa Barbara, California, NPT - USA
2) Robert Collingwood - live - London, UK. NPT- Czech Rep.
3) Brian Hazlehurst - phone - Rio de Janeiro, NPT - Brazil.

Voice of UNHAV Solicitor: Robert Callen of Callen & Howman Solicitors - live - London, UK

The HALIFAX spokesman was silent - only reiterating the claim that "they had properly informed us".

A few messages to UNHAVs are "RETURNED AS UNDELIVERABLE". If you have not recently received e-mail from UNHAV, please see if your address is incorrect or has changed. If so, please notify Brian Hazlehurst or your co-ordinator ASAP !     TIP: - regularly check your e-mail service by sending a test message to yourself or someone you can phone easily.

UNHAV HISTORY LIST OF COUNTRIES WITH UNHAV MEMBERS CURRENT TOTAL 59!

UNHAVS REVENGE ! Courtesy of John Dunsmoir (GIF Animation)